In the News
GOP Gov Candidate Says "Do As I Say, Not as I Do"
BYRNE SAYS UNTIL BAN IS PASSED, HE WON'T 'UNILATERALLY DISARM'
PAC promise differs from record
[Huntsville Times, Bob Lowry, 6/22/09]
MONTGOMERY -- If elected governor, Bradley Byrne has promised to immediately call a special legislative session on ethics reform, specifically to ban PAC-to-PAC transfers.
But when Byrne was re-elected as a Republican state senator in 2006, he accepted political action committee money and distributed it to other PACs and other GOP candidates.
It's the same practice that the Fairhope lawyer and former two-year college chancellor now says he wants the Legislature to prohibit.
Byrne raised the issues of ethics reform and abolishing transfers of campaign donations among PACs when he announced his candidacy for governor May 27. He also mentions the issues prominently on his campaign Web site.
"I believe the next governor will need to make ethics reform a priority," Byrne says on his site. "In fact, my first order of business after Inauguration day will be to call a special session of the Legislature to highlight this problem and challenge the Legislature to pass these necessary ethics reforms. Ban double dipping. Ban pass-through pork. Ban PAC-to-PAC transfers."
In his 2006 Senate race, Byrne raised $173,540, with $129,350 coming from more than 40 PACs. He transferred $160,531 to other PACs and Republican candidates.
Byrne said Friday that he couldn't recall how much money he raised or where it went, adding, "That's a long time ago."
Byrne said he favors abolishing PAC-to-PAC transfers, but added that candidates can't be expected to turn away PAC money or not to transfer it to other PACs "until we have a law that bans it."
"We have to have a level playing field," he said. "I don't want to be at a competitive disadvantage. I'm not going to be unilaterally disarmed."
Banning PAC-to-PAC transfers would restrict PACs from laundering campaign contributions to scrub clean any tracks that would lead the public back to the donor. The legislation has consistently failed in the Legislature.
The chairman of the Alabama Republican Party, Rep. Mike Hubbard of Auburn, agreed with Byrne.
"If the other side is not playing by the same rules, you're putting yourself at a competitive disadvantage," Hubbard said. "You know the Democrats are doing it."
Hubbard said he doesn't believe that Byrne's credibility would be questioned over the issue. "I don't think that means he's talking out of both sides of his mouth," he said.
Joe Turnham, chairman of the Alabama Democratic Party, said Byrne's position is an example of "doing as I say do, not as I do."
"His rhetoric really has raised the stakes in the gubernatorial campaign," Turnham said. "He's going to have to slog that mile by example, not just rhetoric. When you base your entire campaign on ethics, you need to show it."
Tim James, one of Byrne's' opponents in the Republican primary, said there's nothing wrong with donating money to PAC, but he said it should be illegal to hide money from the public.
"What's wrong is when (campaign donations) are flushed around PACs," he said. "It should be a criminal offense, and it should be stopped."
Dr. Jess Brown, a professor of political science and justice studies at Athens State University, said Byrne is a victim of "principles colliding with pragmatism."
"You know if your opponents are benefiting from that mechanism, you're not going to let them have an advantage if it's legal right now," he said.
Anyway, Brown said, those who operate PACs will find a way to get around a ban on transfers.
"If they want to do a litmus test on ethics in government, a higher standard would be to eliminate comp travel, lodging and tickets," he said.
Dr. D'Linell Finley, a professor of political science and public administration at Auburn University Montgomery, said changing the law has been impossible.
"There has been no success in banning such contributions in the Legislature because Republicans objected to groups such as the Christian Coalition opening their records to reveal their contributors," Finley said.
"As long as Democrats see this as a Republican effort to limit and expose Democratic contributors while protecting Republican contributors from greater scrutiny, there will be no ethics legislation."
Byrne ran unopposed in the Republican primary for Senate District 32 and did not have a Democratic opponent in the November general election.
In all, Byrne had $252,125 to spend on his Senate campaign in 2006. That included $78,585 transferred from his 2005 account.
Other than donations to PACs, other Republican candidates, the Republican Party, local charities and civic clubs, Byrne spent less than $25,000 on his Senate campaign in 2006.
Byrne said much of his campaign money was spent on trying to get Republican candidates elected to the state Senate.
He continued to accumulate PAC money the month before the general election in November 2006, and transferred it to PACs and other GOP candidates.
Byrne transferred $77,500 from his campaign to the New Alabama Leadership PAC, $5,931 to South Alabamians for Good Government PAC and $5,000 to the Alabama Trust Foundation PAC.
Among Republican senatorial candidates in 2006, Byrne sent $35,000 to Sen. Ben Brooks of Mobile and $10,000 each to Arthur Orr of Decatur and John McMillan of Stockton. Among Republican House candidates that year, he sent $500 each to Micky Hammon of Decatur and Nick Williams of Chatom.
Byrne also gave $5,000 to Luther Strange, who ran unsuccessfully for lieutenant governor, and $1,000 to Rep. Harry Shiver, R-Bay Minette.
He ended his campaign with $54,235, according to a report filed Nov. 7, 2006, with the secretary of state's office.